Date of Decision: August 19, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Account Executive
Field: Advertising
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner judged the Latin American Awards in 2018 and 2019.
Leading or Critical Role: The petitioner served as the general account director in charge of advertising teams for Argentina, Chile, and Peru at a distinguished advertising company in Argentina.
Criteria Not Met:
Membership in Associations: The petitioner claimed membership in the American Advertising Federation (AAF). However, the evidence did not establish that membership required outstanding achievements judged by recognized national or international experts.
High Salary or Remuneration: The petitioner provided salary evidence but did not demonstrate that her salary was significantly high in relation to others in her field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable, as no specific awards or prizes were discussed.
Published Materials About the Petitioner:
Not applicable, as there were no mentions of published materials about the petitioner.
Original Contributions of Major Significance:
Not applicable, as no specific original contributions were highlighted.
Participation as a Judge:
The petitioner successfully demonstrated her role in judging the work of others through her participation in the Latin American Awards in 2018 and 2019.
Membership in Associations:
The petitioner’s membership in the American Advertising Federation (AAF) was not sufficient to meet the criterion, as the evidence did not establish that the membership required outstanding achievements judged by recognized experts. Membership was based on professional experience and recognition, which does not rise to the level of “outstanding achievements.”
Authorship of Scholarly Articles:
Not applicable, as no authorship of scholarly articles was discussed.
Leading or Critical Role Performed:
The petitioner demonstrated her critical role as a general account director for a distinguished advertising company, meeting this criterion.
Artistic Exhibitions or Showcases:
Not applicable, as the petitioner’s field does not involve artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner provided salary evidence showing her earnings. However, the comparative data provided were insufficient to establish that her salary was significantly high relative to others in her field.
Commercial Successes in the Performing Arts:
Not applicable, as the petitioner’s field does not involve commercial successes in the performing arts.
Supporting Documentation
Reference Letters: Provided letters from professionals recognizing the petitioner’s roles and contributions. However, these letters were insufficient to establish the petitioner’s eligibility under the claimed criteria.
Salary Documents: Included payroll statements showing the petitioner’s earnings, but the comparative data were insufficient to demonstrate a high salary relative to others in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidentiary criteria and failed to demonstrate sustained national or international acclaim or recognition in her field. The evidence provided was found to be insufficient to establish her eligibility for the EB1 classification.
Next Steps: The petitioner may consider gathering more comprehensive and corroborative evidence to support her claims, focusing on independent recognition and demonstrating how her work has had a significant impact on her field.
